Should Courts Be Banned From Issuing Child Custody Orders While One of the Parents is Absent On Active Military Duty?

 

 

When Army National Guard SPC Joe McNeilly of Grand Ledge came home after 15 months in Iraq, he found that a family court "referee" had taken away his joint custody of his 10-year-old son and given full custody and control to the boy's mother.

 

For five years, McNeilly had had a 50-50, seemingly no-problem custody arrangement with his ex-girlfriend, the boy's mother. When called to Iraq, he gave her temporary full custody while he was overseas.

 

While he was gone, however, the boy's mother persuaded a family court to make her full custody permanent. When McNeilly returned and protested, he was told that his year-long absence constituted "abandonment" and produced custody "points" against him.

 

Is that fair? Jones, a former sheriff, didn't think so, so he introduced HB 5100, providing that absences for military service cannot be used against a parent and that a permanent custody arrangement cannot be established while a parent is on active duty. The bill was reported out of House committee unanimously last week.

 

According to the IMP/MRG survey, a whopping 87% of the electorate favors HB 5100, only 8% oppose, and some 5% say they are Undecided (U), Refuse to Answer (RTA), or Don't Know (DK).

 

Here is the IMP/MRG question, followed by the response:

 

State Legislation has been introduced to prohibit a court from considering a soldier's absence while on active duty when child custody  decisions are made. The new legislation would prevent a court from making an initial child custody ruling, or from altering an exsisting one based on the active duty military parent's separation from the child, and it would stop the court from making a child custody ruling until the soldier returns from duty.

 

Do you (ROTATE: support or oppose) this legislation? (IF SUPPORT/OPPOSE, ASK: Do you strongly (support/oppose) or just somewhat (support/oppose)?

 

 

70% Strongly support

17% Somewhat support............... 87% Total Support

 

 5% Strongly oppose

 3% Somewhat oppose................  8% Total Oppose

 

...................................  5% U/RtA/DK

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inside Michigan Politics

Bill Ballenger: www.insidemichiganpolitics.com

 


 

About Rep. Rick Jones